DOVGALETS AND OTHERS v. UKRAINE
Doc ref: 1434/08;48464/09;4439/10;23415/11;38177/11;40222/15;43769/15 • ECHR ID: 001-168100
Document date: September 29, 2016
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FIFTH SECTION
DECISION
Application no. 1434/08 Valentyna Fedorivna DOVGALETS against Ukraine and 6 other applications (see list appended)
The European Court of Human Rights (Fifth Section), sitting on 29 September 2016 as a Committee composed of:
Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants ’ complaints under Articles 6 § 1 and 13 of the Convention concerning the excessive length of civil proceedings and the lack of any effective remedy in domestic law were communicated to the Ukrainian Government (“the Government”) .
The Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Ukraine in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State, except for application no. 38177/11, at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court ’ s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications. In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention .
Done in English and notified in writing on 20 October 2016 .
Hasan Bakırcı Khanlar Hajiyev Deputy Registrar President
APPENDIX
No.
Application no. Date of introduction
Applicant name
Date of birth
Date of receipt of Government declaration
Date of receipt of Applicant ’ s declaration
Amount awarded for pecuniary and non-pecuniary damage and costs and expenses
per applicant / household (in euros) [i]
1434/08
28/12/2007
Valentyna Fedorivna DOVGALETS
17/04/1939
24/06/2016
20/07/2016
3,100
48464/09
29/08/2009
Valentyn Vasylyovych PEREGYBENKO
12/05/1952
29/08/2016
25/02/2016
4,700
4439/10
23/12/2009
(2 applicants)
Mariya Grygorivna BOTSULA
11/09/1929
Valentyna Grygorovna ASTENENKO
03/01/1930
24/06/2016
18/07/2016
4,800
23415/11
22/03/2011
(1 household)
Household
Mykola Terentiyovych PALAMARCHUK
02/05/1949
Oleksandr Terentiyovych PALAMARCHUK
27/04/1961
24/06/2016
12/02/2016
2,400
38177/11
14/06/2011
Borys Volodymyrovych TSYMBALOV
28/08/1962
29/07/2016
01/09/2015
3,600
40222/15
27/10/2015
Larysa Vasylivna SHUMILOVSKA
01/12/1962
29/08/2016
17/03/2016
800
43769/15
07/10/2015
(1 household)
Household
Oleg Oleksandrovych KOSTYUK
22/04/1965
Nataliya Ivanivna KOSTYUK
05/10/1969
29/07/2016
26/07/2016
1,600
[i] Plus any tax that may be chargeable to the applicants.